Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Maritime Labour Convention, 2006 (MLC, 2006) - Seychelles (Ratification: 2014)

The Committee notes that this is the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that Seychelles had previously ratified seven maritime labour Conventions, all of which were denounced following the entry into force of the Convention for Seychelles. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014, introducing the new Standard A2.5.2 and replacing Standard A4.2 by Standards A4.2.1 and A4.2.2, entered into force for Seychelles on 18 January 2017. It further notes that the Government’s report was received before the entry into force of these amendments.

The Committee notes the efforts achieved and measures taken, particularly through the adoption of the Merchant Shipping (Maritime Labour Convention) Regulations, 2015 (hereafter “Merchant Shipping (MLC) Regulations”), on 29 May 2015, for the implementation of the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Scope of application. Seafarers. National determination in cases of doubt. The Committee notes that section 3(1) of Part I of the Merchant Shipping (MLC) Regulations defines the meaning of “seafarers” for the purpose of said regulations. The Committee further notes that the definition refers to a number of categories of persons working on board who may not be considered as seafarers. This concerns in particular: (l) pupils who are serving an internship on board from technical and nautical schools and universities (subparagraph (l)); and (2) students of any university undergoing training at training facilities and undergoing practical training and sea-service experience on a ship for this purpose (subparagraph (m)). The Committee recalls that, in accordance with Article II, paragraph 1(f), the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. The Committee considers that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that cadets are to be regarded as seafarers for the purpose of the Convention. The Committee underlines that the protection afforded by the Convention is particularly important for the more vulnerable categories of persons, such as cadets. The Committee therefore requests the Government to clarify whether subparagraphs (l) and (m) mentioned above refer to persons obtaining on-board training for the purpose of becoming seafarers and if so, to ensure that those persons are regarded as seafarers and enjoy the protection provided for by the Convention. The Committee is certainly aware of the reported and anticipated shortage of qualified officers to effectively man and operate ships engaged in international trade and the difficulties encountered to ensure that cadets meet the minimum mandatory seagoing service which forms part of the requirements prescribed in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention) for certification. In these circumstances, the Committee recalls that, as foreseen in Article VI, paragraph 3, of the Convention, Governments, in consultation with social partners, could agree on substantial equivalent measures applicable to cadets where needed, in accordance with the Convention. The Committee further notes that some of the categories of workers that are not considered seafarers concern persons engaged in work on board for either less than 72 hours or less than 96 hours without, however, specifying the time frame in which these limits are calculated. The Committee accordingly requests the Government to clarify in which specific time frame the above limits are calculated. Moreover, the Committee recalls that when doubt arises as to whether any category of persons are to be regarded as seafarers for the purpose of the Convention, the question shall be determined by the competent authority after consultation with the social partners concerned, in compliance with the requirements of Article II, paragraphs 3 and 7. Therefore, the Committee requests the Government to indicate if consultations were held regarding the categories of persons not to be considered as seafarers under the Merchant Shipping (MLC) Regulations.

Article II, paragraphs 1(f) and 5. Scope of application. Ships. The Committee notes that section 4(2), Part I, of the Merchant Shipping (MLC) Regulations, provides that the said regulations do not apply to “pleasure vessels”. The Committee requests the Government to provide information on the types of ships that fall under the category of “pleasure vessels”. Furthermore, the Committee recalls that pursuant to Article II, paragraph 5, in the event of doubt as to whether this Convention applies to a ship or a particular category of ships, the question shall be determined by the competent authority after consultation with the shipowners’ and seafarers’ organizations concerned with this question. Therefore, the Committee requests the Government to provide information on whether consultations were held regarding the fact that the Convention does not apply to pleasure vessels.

Regulation 1.1, paragraph 2. Minimum Age. The Committee notes that pursuant to section 1(1), Part 1, of the Schedule of the Merchant Shipping (MLC) Regulations: “the minimum age of employment of a seafarer shall be 16 years old”. The Committee observes that this provision is reflected in the Declaration of Maritime Labour Compliance (DMLC). However, the Committee also notes that pursuant to section 22(1) of the Conditions of Employment Regulations, 1991 (hereafter “Conditions of Employment Regulations”): “[a] person shall not employ another under the age of 18 years in a hotel, guest-house, boarding house, any place where tourists are accommodated, restaurant, shop, bar, nightclub, dance hall, discotheque or similar places of entertainment or on a ship or aircraft.” The Committee notes that two pieces of legislation coexist regulating the minimum age to work on board a ship: an older one fixing 18 as minimum age and a more recent one referring to 16 as the minimum age. The Committee requests the Government to clarify the articulation of the relevant national legislation on minimum age to work aboard a ship.

Regulation 1.1. Standard A1.1, paragraphs 2 and 3. Minimum age. Prohibition of night work. The Committee notes that pursuant to section 22(2) and (4) of the Conditions of Employment Regulations: “A person shall not employ another under the age of 18 years between the hours of 10 p.m. and 5 a.m.” and “the competent officer, may, exceptionally, grant written permission for the employment of any person aged 15 to 17 years […] between the hours of 10 p.m. and 5 a.m.”. Additionally, the Committee takes note of the Government’s indication that the prohibition of night work for young seafarers may be waived when the effectiveness of the apprenticeship would be impaired. The Committee recalls that pursuant to Standard A1.1, paragraph 3(a): “[a]n exception to strict compliance with the night work restriction may be made by the competent authority when the effective training of the seafarers concerned, in accordance with established programmes and schedules, would be impaired.” Therefore, the Committee requests the Government to provide information on whether the competent authority has authorized exceptional derogations to the prohibition of night work in accordance with established training programmes and schedules.

Regulation 1.1. Standard A1.1, paragraph 4. Minimum age. Prohibition of hazardous work. The Committee notes that section 1(2), Part 1, of the Schedule of the Merchant Shipping (MLC) Regulations prohibits work which places the health and safety of seafarers under the age of 18 at risk. Furthermore, the Committee notes that pursuant to section 1(4), Part 1, of the Schedule of the Merchant Shipping (MLC) Regulations, the prohibition of hazardous work for seafarers under the age of 18 shall not apply to seafarers in so far as it is necessary to perform the objective of their training. The Committee recalls that Standard A1.1, paragraph 4, prohibits the employment of seafarers under the age of 18 where the work is likely to jeopardize their health or safety, without exceptions. Therefore, the Committee requests the Government to provide information on how it ensures that no exceptions are permitted to the prohibition of hazardous work for seafarers under the age of 18.

Regulation 1.1. Standard A1.1, paragraph 4. Minimum age. Consultations for the elaboration of the list of hazardous work. The Committee notes the indication of the Government that organizations of seafarers and organizations of employers have been consulted in matters relating to the implementation of the Convention. Recalling that pursuant to Standard A1.1 paragraph 4, the types of work to be considered hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned, the Committee requests the Government to specify whether the social partners concerned were consulted on the list of hazardous work provided for in section 1(3), Part I, of the Merchant Shipping (MLC) Regulations.

Regulation 1.4. Standard A1.4, paragraph 6. Recruitment of seafarers. Supervision of the seafarers’ recruitment and placement services. The Committee notes that pursuant to section 4(1), Part I, of the Merchant Shipping (MLC) Regulations the operator of a private seafarers’ recruitment and placement service is operated in conformity with a licence issued by the Administration. The Committee notes, however, that the Merchant Shipping (MLC) Regulations do not provide information on the functioning of the licensing system and the operational practices of the recruitment and placement services. Recalling that Standard A1.4, paragraph 6, requires that the competent authority closely supervise the operations of the seafarers’ recruitment and placement agencies and that Guideline B1.4.1 provides organizational and operational guidance for this supervision, the Committee requests the Government to provide information on the functioning of the licensing system and the supervision of the seafarers’ recruitment and placement services operating in Seychelles.

Regulation 2.3. Standard A2.3, paragraph 3. Hours of work and hours of rest. Weekly rests and public holidays. The Committee notes that the Merchant Shipping (MLC) Regulations do not include provisions on normal working hours for seafarers. The Committee notes however, that pursuant to Section 6(7), Part 2, of the Schedule of the Merchant Shipping (MLC) Regulations: “the fixed rate overtime referred to in subparagraph (6)(iii) shall include overtime work performed on Sundays and holidays but shall not exceed eighty five hours a month.” Recalling that pursuant to Standard A2.3, paragraph 3, each Member acknowledges that the normal working hours shall be based on an eight-hour day with one day of rest per week and rest on public holidays, the Committee requests the Government to clarify whether normal working hours’ standard for seafarers take into account one day of weekly rest and rest on public holidays as required by the Convention.

Regulation 2.3. Standard A2.3, paragraph 3. Hours of work and hours of rest. Collective bargaining agreements on hours of work. The Committee notes that pursuant to section 7(6), Part 2, of the Schedule of the Merchant Shipping (MLC) Regulations, collective bargaining agreements may be concluded on hours of work to allow more frequent or longer leave periods or the grant of compensatory leave for seafarers working on board ships on short voyages. The Committee recalls that Standard A2.3, paragraph 3, authorizes Members to have procedures to authorize or register a collective agreement which determines seafarers’ normal working hours only if these agreements are not less favourable than the normal working hours’ standard based on an eight-hour day with one day of rest per week and rest on public holidays. Therefore, the Committee requests the Government to provide information on how it ensures that collective bargaining agreements on hours of work are not less favourable than the standard set in the Convention.

Regulation 2.3. Standard A2.3, paragraph 4. Hours of work and hours of rest. Consideration of the danger of fatigue. The Committee notes that the Merchant Shipping (MLC) Regulations and the example of the DMLC, Part II, provided by the Government do not address the danger of fatigue. The Committee recalls that pursuant to the Convention, in determining the national standards, each Member shall take account of the danger posed by the fatigue of seafarers, especially those whose duties involve navigational safety and the safe and secure operation of the ship. Therefore, the Committee requests the Government to provide information on whether the fatigue of seafarers has been taken into account in determining the standards of the Merchant Shipping (MLC) Regulations regarding working hours.

Regulation 2.3. Standard A2.3, paragraphs 6 and 13. Periods of rest. STCW. The Committee notes that pursuant to Section 7(8), Part 2, of the Schedule of the Merchant Shipping (MLC) Regulations: “[t]he seafarers who are engaged as Watchkeeping officers or as ratings forming part of a watch or whose duties involve designated safety, prevention of pollution, or security duties may exceptionally have the hours of rest […] divided into more than two periods, but no more than three periods, provided that (i) one period is at least 6 hours in length and the other two are not less than 1 hour; (ii) the intervals between consecutive periods of rest are not more than 14 hours; and (iii) any exception under this paragraph does not extend beyond two 24 hour periods in any 7 day period.” While noting that this provision mirrors section A-VIII/1, paragraph 9 of the STCW, the Committee recalls that pursuant to Standard A2.3, paragraph 6, hours of rest may be divided into no more than two periods. The Committee notes, in connection with the limits provided in Standard A2.3 for the minimum hours of rest or maximum hours of work, that any exception, including those provided for in the STCW, as amended, must follow the requirements of Standard A2.3, paragraph 13. According to such requirements, a Member may have national laws or regulations or a procedure for the competent authority to authorize or register collective agreements permitting exceptions to the limits set out in Standard A2.3, paragraph 6. In that regard, the Committee observes that section 7(8), Part 2, of the Schedule of the Merchant Shipping (MLC) Regulations, while providing for an exception to the limits on minimum hours of rest, does not provide for the possibility to authorize exceptions by way of collective agreements. Therefore, the Committee requests the Government to provide information on how it ensures that any exception to the limits to the minimum hours of rest follow the requirements of paragraph 13 of Standard A2.3.

Regulation 2.3. Standard A2.3, paragraph 9. Compensation for seafarers exposed to drills and seafarers on call. The Committee notes that the Government does not indicate whether there are collective agreements or arbitration awards pertaining to the issue of the compensation of seafarers exposed to drills and seafarers disturbed while on call. The Committee recalls that pursuant to Standard A3.2, paragraph 9, in the absence of such collective agreements or arbitration awards, the competent authority shall determine such provisions to ensure that the seafarers concerned have sufficient rest. Therefore, the Committee requests the Government to provide information on how it ensures the application of Standard A2.3, paragraph 9.

Regulation 2.5. Standard A2.5, paragraph 2(c). Place of repatriation. The Committee notes that pursuant to section 9(5), Part 2, of the Schedule of the Merchant Shipping (MLC) Regulations: “[t]he repatriation destination shall be the place where the seafarer was recruited unless the employment agreement specifies otherwise or the seafarer and the shipowner agree an alternative …”. The Committee recalls that under Guideline B2.5.1, paragraphs 6 and 7, seafarers should have the right to choose the place to which they are to be repatriated among: the place at which they entered into the agreement, the place stipulated in collective agreement, the country of residence, or the place agreed upon at the time of engagement. Therefore, the Committee requests the Government to indicate how, in relation with the place of repatriation, it has given due consideration to Guideline B2.5.1, paragraphs 6 and 7.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7. Standard A2.7, paragraph 1. Supporting documentation. Safe manning document. The Committee notes that the Government does not provide an example of a safe manning document or equivalent issued by the competent authority. The Committee stresses that the full assessment of the application of Regulation 2.7 requires the review of the supporting documentation listed in the report form. Therefore, the Committee requests the Government to communicate a copy of an example of a safe manning document or its equivalent.

Regulation 3.1. Standard A3.1, paragraphs 6–17. Minimum requirements for accommodation. The Committee notes that pursuant to section 12(2), Part 2, of the Schedule of the Merchant Shipping (MLC) Regulations, the crew accommodation for the construction of ships shall be at a minimum in accordance with the technical dispositions of the Convention contained in Standard A3.1, paragraphs 6 and 7. However, the Committee also notes that pursuant to Section 12(1), Part II, of the Merchant Shipping (MLC) Regulations: “Every ship shall comply with the requirements relating to crew accommodation set out in Merchant Shipping Notice.” Noting that the Government has not provided information in this regard, the Committee requests the Government to clarify whether a Merchant Shipping Notice on crew accommodation has been adopted and, if so, to indicate how it meets the requirements of the Convention.

Regulation 3.2. Standard A3.2, paragraph 2(b). Organization and equipment of the catering department. The Committee notes that section 13(3), Part 3, of the Schedule of the Merchant Shipping (MLC) Regulations mirrors the language of Standard A3.2, paragraph 2(b). However, the Committee also notes that pursuant to section 14(b), Part IV, of the Merchant Shipping (MLC) Regulations: “the catering department is organized and equipped, in accordance with the requirements set out in Merchant Shipping Notice.” Recalling that Standard A3.2, paragraph 2(b) sets out minimum standards with regard to the organization and equipment of the catering department, the Committee requests the Government to clarify whether a Merchant Shipping Notice regarding the catering department has been adopted and, if so, to indicate how it meets the requirements of the Convention.

Regulation 3.2. Standard A3.2, paragraph 2(c). Training of the catering staff. The Committee notes that pursuant to section 19, Part IV, of the Merchant Shipping (MLC) Regulations: “[t]he shipowner and the master of a ship shall ensure that – (a) every member of catering staff is properly trained or instructed for their position in accordance with the relevant requirements set out in Merchant Shipping Notice; and (b) any person processing food in the galley is properly trained or instructed (in areas including food and personal hygiene and handling) in accordance with the relevant requirements set out in Merchant Shipping Notice.” Recalling that pursuant to Standard A3.2, paragraph 2(c), catering staff shall be properly trained or instructed for their position, the Committee requests the Government to clarify whether a Merchant Shipping Notice on the training of catering staff has been adopted and, if so, to indicate how it meets the requirements of the Convention.

Regulation 3.2. Standard A3.2, paragraphs 3 and 4. Training and examination of ships’ cooks. The Committee notes that pursuant to section 13(5), Part 3, of the Schedule of the Merchant Shipping (MLC) Regulations, a cook shall be qualified if he is 18 years of age or more and he – (i) has attended a training course at an approved school of cookery and passed an approved examination for ship’s cooks; or (ii) has served at sea for at least one month and also received training in handling foods, storage of food on board ships and hygiene in the galley and food preparation areas; or (iii) possesses the approved qualifications in cookery valid in a commercial cooking establishment.” The Committee also notes that pursuant to section 17(1), Part IV, of the Merchant Shipping (MLC) Regulations, a cook must pass an examination for ship’s cooks at an institution as specified in a Merchant Shipping Notice. The Committee recalls that pursuant to Standard A3.2, paragraphs 3 and 4, the requirements set out in the laws and regulations with regard to the qualification of cooks shall include a completion of a training course approved or recognized by the competent authority. Therefore, the Committee requests the Government to clarify whether a Merchant Shipping Notice has been adopted to specify the examination for ship’s cooks. The Committee further requests the Government to provide information on how it ensures compliance with Standard A3.2, paragraphs 3 and 4, that require that ships’ cooks complete an approved or recognized training.

Regulation 3.2. Standard A3.2, paragraph 6. Dispensation permitting a non-fully qualified cook to serve on board. The Committee notes that section 13(8), Part 3, of the Schedule of the Merchant Shipping (MLC) Regulations mirrors the language of Standard A3.2, paragraph 6. However, the Committee also notes that under section 16(3), Part III of the Merchant Shipping (MLC) Regulations, the Administration may grant dispensation permitting a non-fully qualified cook to serve on board in accordance the requirements of the Merchant Shipping Notice. Recalling that pursuant to Standard A3.2, paragraph 6, in circumstances of exceptional necessity, the competent authority may issue a dispensation permitting a non-fully qualified cook to serve in a specified ship for a specified limited period, the Committee requests the Government to clarify whether a Merchant Shipping Notice has been adopted regarding the issuance of such dispensations, and if so, to indicate how it meets the requirements of the Convention.

Regulation 4.1, paragraph 4. Standard A4.1, paragraph 1(b). Health protection and medical care comparable to which is generally available to workers ashore. The Committee takes note of the Government’s indication that pursuant to section 14(4), Part 4, of the Schedule of the Merchant Shipping (MLC) Regulations: “[t]he shipowner shall provide medical care, including dental care and health protective measures for seafarers during their time on board.” The Committee recalls that according to the Convention, on-board health protection and medical care shall be as comparable as possible to that which is generally available to workers ashore. Therefore, the Committee requests the Government to provide information on how it ensures that the medical care, dental care and protective measures provided to seafarers during their time on board is as comparable as possible to that which are generally available to workers ashore.

Regulation 4.1. Standard A4.1, paragraph 3. On-board hospitals and medical care facilities. The Committee notes that the Merchant Shipping (MLC) Regulations do not establish requirements for on-board hospitals and medical care facilities. Recalling that pursuant to Standard A4.1, paragraph 3, ratifying Members shall adopt laws and regulations establishing requirements for on-board hospital and medical care facilities and equipment and training on ships that fly its flag, the Committee requests the Government to provide information on how it ensures compliance with Standard A4.1, paragraph 3.

Regulation 4.1. Standard A4.1, paragraph 4(a). Specifics regarding the medicine chest, the medical equipment and the medical guide. The Committee notes that the Merchant Shipping (MLC) Regulations do not prescribe specifics regarding the medicine chest, the medical equipment and the medical guide required on board. Recalling that pursuant to Standard A4.1, paragraph 4(a), these specifics shall be prescribed by national laws and regulations, the Committee requests the Government to provide information on how it ensures compliance with Standard A4.1, paragraph 4(a).

Regulation 4.1. Standard A4.1, paragraph 4(c). Training of the seafarer in charge of medical care. The Committee observes that pursuant to Part V, section 25(7), of the Merchant Shipping (MLC) Regulations: “[w]here a medical practitioner is not on board a ship, the shipowner shall ensure that a seafarer who works on board the ship and who has satisfactorily completed training in medical care in accordance with the Convention is – (a) in charge of medical care and administering medicine; and (b) competent to provide medical first aid.” The Committee recalls that pursuant to Standard A4.1, paragraph 4(c), national laws or regulations shall specify the level of training required for the seafarer in charge of medical care in the absence of a medical doctor on board. The Committee therefore requests the Government to clarify the level of approved training required for the seafarer in charge of providing medical care.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3, paragraph 2. Consultations on national guidelines on health and safety protection and accident prevention. The Committee observes that pursuant to section 16(4), Part 4, of the Schedule of the Merchant Shipping (MLC) Regulations, the relevant standards are the ones set out in the ILO Code of Practice on Accident prevention on board ship at sea and in port, 1996, the “Code of Safe Working Practices for Merchant Seafarers” prescribed by the Maritime and Coastguard Agency of the United Kingdom, and other guidance established by the Administration. The Committee recalls that pursuant to Regulation 4.3, paragraphs 2 and 3, each Member shall, after consultations with representatives of the shipowners’ and seafarers’ organizations, develop and regularly review national guidelines for the management of occupational safety and health on board ships that fly its flag. Therefore, the Committee requests the Government to clarify whether the Administration has established guidance as contemplated in section 16(4), Part 4, of the Schedule of the Merchant Shipping (MLC) Regulations, and to report on the consultative processes for the elaboration and review of national guidelines on health and safety protection and accident prevention. The Committee also brings to the attention of the Government that the ILO adopted in 2015 the Guidelines for implementing the occupational safety and health provisions of the Maritime Labour Convention, 2006. Therefore, the Committee invites the Government to give due consideration to these more recent Guidelines.

Regulation 4.3. Standard A4.3, paragraph 1(a). Occupational safety and health policies and programmes. Training of seafarers. The Committee notes that the Merchant Shipping (MLC) Regulations, the ILO Code of Practice on Accident prevention on board ship at sea and in port, 1996, and the “Code of Safe Working Practices for Merchant Seafarers” prescribed by the Maritime and Coastguard Agency of the United Kingdom do not regulate the training and instruction of seafarers on occupational safety and health. The Committee recalls that Standard A4.3, paragraph 1(a), requires the adoption and effective implementation and promotion of occupational safety and health policies and programmes on ships that fly the Member’s flag, including through the training and instruction of seafarers. Therefore, the Committee requests the Government to provide information on how it gives application to these provisions of the Convention.

Regulation 4.3. Standard A4.3, paragraph 2(b). Obligations of the seafarers with regard to occupational safety and health on board. The Committee observes that section 16, Part 4, of the Schedule of the Merchant Shipping (MLC) Regulations specifies the obligations of the shipowners but not the obligations of the seafarers with regard to occupational safety and health on board. The Committee recalls that Standard A4.3, paragraph 2(b), requires the ratifying Members to adopt laws and regulations that clearly specify the obligations of the shipowners, seafarers and others concerned to comply with the applicable standards. Therefore, the Committee requests the Government to provide information on how it ensures that these obligations are clearly specified in national legislation.

Regulation 4.4. Shore-based welfare facilities. The Committee notes the indications of the Government that there are currently no shore-based facilities operating in the country and that the construction of a new welfare centre has been planned for the near future. The Committee recalls that Regulation 4.4 requires the development of shore-based welfare facilities, available for the use of all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin. It requests the Government to provide updated information regarding the construction of the new welfare centre.

Regulation 4.5, paragraph 2. Standard A4.5, paragraphs 1 and 11. Social security. Achieving progressively comprehensive social security protection. The Committee notes that the Government does not report on its effort to progressively achieve comprehensive social protection, as required under Standard A4.5, paragraph 11. The Committee therefore requests the Government to indicate the steps taken to extend social security protection to all the branches listed in Standard A4.5, paragraph 1.

Regulation 4.5. Standard A4.5, paragraphs 3 and 8. Social security. Social security protection to residents who are non-nationals. The Committee notes that section 14(7), Part 4, of the Schedule of the Merchant Shipping (MLC) Regulations reads:”[a] Seychellois seafarer shall be entitled to the same social security protection as onshore workers …”. The Committee also notes that pursuant to section 3, Part II, of the Social Security Act, 2010: “[a] person who is a citizen of Seychelles and is resident in Seychelles is entitled to apply for benefits payable under this Act.” The Committee recalls that pursuant to Standard A4.5, ratifying Members shall take steps to provide social security protection to all seafarers ordinarily resident in its territory. Noting that the above referenced provisions of the Merchant Shipping (MLC) Regulations and the Social Security Act both limit the entitlement to social security benefits to Seychellois citizens, the Committee requests the Government to provide information on how it ensures that seafarers who are not nationals but reside in the Seychelles are entitled to social security protection.

Regulation 5.1.1. Standard A5.1.1, paragraph 2. Copy of the MLC, 2006 on board. The Committee observes that the Merchant Shipping (MLC) Regulations do not require that a copy of the Convention be available on board ships. Recalling that pursuant to Standard A5.1.1, paragraph 2, each Member shall require all ships that fly its flag to have a copy of the Convention available on board, the Committee requests the Government to report on how it ensures compliance with this requirement of the Convention.

Regulation 5.1.2. Standard A5.1.2, paragraph 4. Functions of the authorized recognized organizations. The Committee observes that a list of authorized recognized organizations is publically available online on the website of the Seychelles Maritime Safety Administration (SMSA). While noting the Government’s indication that all the recognized organizations are members of the International Association of Classification Society (IACS), the Committee observes that the list available online does not specify the functions that the recognized organizations are authorized to carry out. The Committee recalls that pursuant to Standard A5.1.2, paragraph 4, the list of authorized recognized organizations shall specify the functions that the recognized organizations have been authorized to carry. The Committee therefore requests the Government to indicate how it ensures compliance with this requirement of the Convention.

Regulation 5.1.3, paragraph 6. Publically available records of the issued maritime labour certificates. The Committee notes that the Merchant Shipping (MLC) Regulations do not regulate how the issued maritime labour certificates are recorded and made publically available. The Committee recalls that pursuant to Regulation 5.1.3, paragraph 6, the competent authority or the recognized organization shall maintain a publically available record of the labour maritime certificates issued or renewed. The Committee therefore requests the Government to indicate how it ensures compliance with this requirement of the Convention.

Regulation 5.1.3. Standard A5.1.3, paragraph 10. DMLC, Part I. References to the relevant national legal provisions. The Committee notes that the Government provides a copy of the DMLC, Part I, that refers to both the Convention and national legislative instruments without specifying the relevant provisions concerned. For instance, in connection with minimum age, the DMLC, Part I, provides the following information: “Minimum ages are those referred to in the Convention in Standard A1.1, Minimum Age. Work for seafarers under the age of 18 that is considered potentially harmful to their health are listed in the Merchant Shipping (MLC) Regulations, 2015.” The Committee recalls that pursuant to Standard A5.1.3, paragraph 10(a), the DMLC, Part I, shall identify the national requirements embodying the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements. The Committee further recalls that the purpose of the DMLC is to help the person concerned, such as flag State inspectors, authorized officers in port States and seafarers, to check that national requirements are being properly enforced on board ship. Therefore, the Committee requests the Government to consider amending the DMLC, Part I, to fully implement Standard A5.1.3, paragraph 10(a), so as to ensure that it provides a reference to the relevant national legal provisions embodying the Convention, and, to the extent necessary, concise information on the main content of the national requirements.

Regulation 5.1.3. Standard A5.1.3, paragraphs 12 and 13. Posting of the Maritime Labour Certificate and the DMLC. The Committee observes that the Merchant Shipping (MLC) Regulations do not require that a current valid Maritime Labour Certificate and a DMLC with an English-language translation are posted in a conspicuous location on board as required under Standard A5.1.3, paragraphs 12 and 13. The Committee requests the Government to report on how it ensures compliance with this requirement of the Convention.

Regulation 5.1.4. Standard A5.1.4, paragraphs 2 and 3. Training of flag State inspectors. The Committee notes the Government’s indication that inspectors receive training designed to carry out inspections of the Convention. The Committee recalls that pursuant to Standard A5.1.4, paragraphs 2 and 3, the Member shall require that the personnel carrying out the inspection are qualified and have the training and competence necessary to enable them to perform their duties. Noting that the Government does not provide specific information on the qualifications for flag State inspectors, the Committee requests the Government to indicate how it fulfils this requirement of the Convention.

Regulation 5.1.4. Standard A5.1.4, paragraphs 2, 3, and 7. Terms of reference and status of flag State inspectors. The Committee notes the indication of the Government that the agreements between the inspectors and the Administration include provisions on the status and conditions of service of the inspectors. The Committee recalls that Standard A5.1.4, paragraphs 2, 3 and 7, require that adequate provisions be made to ensure that the inspectors have the terms of reference and status necessary to perform their duties and that clear guidelines be issued to them as to the tasks to be performed. Noting that while indicating that this information is included in the agreements between the Administration and the inspectors, the Government did not provide an example of such agreements, the Committee requests the Government to provide an example of an agreement concluded with a flag State inspector.

Regulation 5.1.4. Standard A5.1.4, paragraphs 3, 6, 10, and 11. Independence of inspectors and confidentiality of the sources of grievance. The Committee notes the indications of the Government that the agreements between the inspectors and the Administration include provisions aimed at guaranteeing their independence and that an oversight programme is being developed which entails regular audits for the purpose of ensuring the independence of the inspectors. The Committee further observes that the Merchant Shipping (MLC) Regulations do not include provisions on the independence of inspectors, nor on their duty of confidentiality. The Committee recalls that the Standard A5.1.4, paragraphs 3, 6, 10, and 11, require that the Government make adequate provisions to ensure that flag State inspectors perform their duties with independence and impartiality and that they keep confidential the sources of any grievance and complaints. The Committee therefore requests the Government to provide further information on how it ensures compliance with the requirements of the Convention as it relates to the impartiality of the flag State inspectors and their duty to keep confidential the sources of any grievance and complaints, including detailed information on the oversight programme under development.

Regulation 5.1.4. Standard A5.1.4, paragraph 4. Periodicity of flag ship inspections. The Committee notes the Government’s indication that flag State inspections are conducted at least every three years. The Committee also observes that Part 5, section 18(3), of the Schedule of the Merchant Shipping (MLC) Regulations regulates the periodicity of the inspections related to the issuance and renewal of a Maritime Labour Certificate in application of Standard A5.1.3. While noting that Part 5, section 18(3), of the Schedule of the Merchant Shipping (MLC) Regulations meets the requirement of Standard A5.1.4, paragraph 4, to impose a flag state inspection at the interval required by Standard A5.1.3 for ships for which this standard applies, the Committee requests the Government to provide information on how it ensures that the intervals between the inspections of ships that do not require a Maritime Labour Certificate do not exceed three years.

Regulation 5.1.4. Standard A5.1.4, paragraphs 12, 13 and 14. Records of inspections by flag State inspectors. The Committee notes the Government’s indication that it receives regular reports and updates from the authorized organizations. The Committee observes nonetheless that the Merchant Shipping (MLC) Regulations do not regulate the issuance, submission and recording of the inspection reports. The Committee recalls that under Standard A5.1.4, paragraphs 12, 13 and 14, inspectors shall submit a report of each inspection to the competent authority and a copy of the report shall be posted on board. Furthermore, the competent authority shall maintain records of inspections and publish an annual report on inspection activities. The Committee therefore requests the Government to provide information on how it ensures compliance with the requirements set out in Standard A5.1.4, paragraphs 12, 13, and 14, regarding the issuance, submission and recording of the flag State inspection reports.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Official inquiry into any serious marine casualty. The Committee observes that under section 204 of the Merchant Shipping Act, Part XII, Shipping Casualties, the Minister may initiate a preliminary investigation where a marine casualty led to a loss of life. The Committee recalls that according to Regulation 5.1.6, paragraph 1, a Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag. Furthermore, under the Convention, the final report of an inquiry shall normally be made public. The Committee therefore requests the Government to indicate how it ensures that official inquiries are held into serious marine casualties that led to injuries or loss of life and that the final reports of inquiry are made public.

Regulation 5.2.1, paragraph 2. Port State control. Prima facie evidence of compliance. The Committee observes that the Merchant Shipping (MLC) Regulations, 2015 do not specify that the Maritime Labour Certificate and the DMLC shall be accepted as prima facie evidence of compliance with the Convention under Regulation 5.2.1, paragraph 2, of the Convention. The Committee therefore requests the Government to report on how it ensures that the Maritime Labour Certificate and the DMLC are accepted as prima facie evidence of compliance in the context of port State control inspections.

Regulation 5.2.2. Standard A5.2.2, paragraph 7. Port State control. Confidentiality of the complaints. The Committee observes that section 20(7), of Part 5, of the Schedule of the Merchant Shipping (MLC) Regulations provides the possibility for seafarers on board a ship in a port of Seychelles to file a complaint. The Committee observes however that the Merchant Shipping (MLC) Regulations do not mandate that the source of such complaint remain confidential. The Committee recalls that under Standard A5.2.2, paragraph 7, appropriate steps shall be taken to safeguard the confidentiality of complaints made by seafarers. The Committee therefore requests the Government to provide information on how it safeguards the confidentiality of the complaints made by seafarers.

Regulation 5.3, paragraphs 3 and 4. Standard A5.3. Supervision of seafarers’ recruitment and placement services. The Committee notes the indication of the Government that the supervision of seafarers’ recruitment and placement services is regulated under section 4, Part 1, of the Schedule of the Merchant Shipping (MLC) Regulations. The Committee observes that the Merchant Shipping (MLC) Regulations regulate the licensing system (section 4(2)) of the seafarers’ recruitment and placement services. The Committee further notes that said Regulations require that recruitment and placement services maintain records available for inspection (section 4(7)(i)) and examine and respond to any complaint concerning their activities and advise the competent authority of any unresolved complaint (section 4(7)(v)). The Committee recalls that pursuant to Standard A5.3, each Member shall enforce the requirements of this Convention applicable to the operation and practice of seafarers’ recruitment and placement services established on its territory through a system of inspection and monitoring and legal proceedings for breaches of licensing and other operational requirements. While noting that seafarers’ recruitment and placement services are monitored through the system of inspection and licensing, the Committee requests the Government to provide information on whether legal proceedings are available to file complaints against breaches.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee requests the Government to provide a copy of the following documents: the approved standardized table for shipboard working arrangements (Standard A2.3, paragraph 10); the standard form for recording daily hours of work/rest (Standard A2.3, paragraph 12); an example of the approved document for seafarers’ records of employment and a standard form example of a seafarers’ employment agreement (Standard A2.1, paragraphs 1–3); a list of collective agreements (Standard A2.1, paragraph 2(b)); the provisions in any applicable collective agreement which provides for the calculation of the minimum paid annual leave on a basis that differs from a minimum of 2.5 days per month of employment (Standard A2.4, paragraph 2); the provisions on seafarers’ entitlement to repatriation in any applicable collective bargaining agreements (Standard A2.5, paragraph 2); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2); for each type of ship, a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it; the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraph 4(a)); an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see also the guidance in Guideline B4.1.2, paragraph 1); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2, paragraph 1(b)); the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for the inspection and certification system, including the procedures for its assessment (Regulation 5.1.1, paragraph 5); an example or examples of authorizations given to recognized organizations (Regulation 5.1.2, paragraph 2); a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7; Guideline B5.1.4, paragraphs 7 and 8); any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7; the following statistical information for the period covered by the present report: the number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1, the number of cases where significant deficiencies were detected, the number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or that constitute a serious or repeated breach of the requirements of the Convention (including seafarers’ rights); the country’s model for on-board complaint procedures (Standard A5.1.5, paragraph 4); any national guidelines issued to inspectors for the implementation of Standard A5.2.1, paragraph 7; and a document, if any, that describes the onshore complaint-handling procedures (Standard A5.2.2, paragraph 6).

[The Government is asked to reply in full to the present comments in 2019.] -- Following the modifications to the reporting cycle adopted by Governing Body, the CEACR decided to postpone this request to 2020.